Patna High CourtCR. MISC./23404/2024allowed

Raju Singh v. The State Of Bihar

2024-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23404 of 2024 Arising Out of PS. Case No.-305 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== Raju Singh S/o Jagdish Singh R/o vill - Sahwazpur Puraina, Mangal Hatt, P.S. - Patepur, Distt. - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 613.08 liters of country made liquor from the house of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. Neither alleged liquor has been recovered from the conscious possession of the petitioner nor he was arrested on spot. The house from where the recovery has been made is a joint family house. Similarly situated other co-accused person has already

Patna High Court CR. MISC. No.23404 of 2024(2) dt.20-03-2024 2/2 been granted bail by this Court vide order dated 11.08.2023 in Cr. Misc. No. 50475 of 2023. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.02.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patepur P.S. Case No. 305 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Prohibition and Excise Court No.2cum-Additional District and Sessions Judge, Hajipur at Vaishali. (Sunil Kumar Panwar, J) Shubham/- U T